SEATTLE POLICE DEPARTMENT

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General Offense Information Operational Status Reported On MAR-02-2016 (WED.) 1111 Occurred On MAR-02-2016 (WED.) 1111 Approved On MAR-02-2016 (WED.) Approved By 5712 - GIESE, DALE J Report Submitted 7436 - NORTON, JAMES W_JR By Org Unit WEST PCT 2ND W - QUEEN Address W COMMODORE WY / 27 AV W Municipality SEATTLE District Q Beat Q1 Grid 4049 Bias UNKNOWN Gang Involvement UNKNOWN / POSSIBLE Family Violence NO Offenses (Completed/Attempted) Offense # 1 X-21 DISTURBANCE-OTH - COMPLETED Location STREET/HIGHWAY/ROAD/ALLEY/SIDEWALK Suspected Of Using NOT APPLICABLE For 6563 Printed On Apr-19-2016 (Tue.) Page 1 of 12

Related Event(s) 1. CP 2016-74839 2. GO 2015-102742 Related Person(s) 1. SUBJECT # 1 - TOOMEY, JAMES C CASE SPECIFIC INFORMATION Sex MALE Race UNKNOWN Date Of Birth SEP-12-1972 Address 10202 98 ST SW Municipality LAKEWOOD State WASHINGTON ZIP Code 98498- Business (206) 786-5500 Cellular (253) 312-1633 PERSON PARTICULARS Occupation SECURTIY OFC. Employer CENTRAL SECURITY SEATTLE, WA Height 6'02 Build MEDIUM Eye Color BROWN Hair Color BLACK Weight 200 LBS. LINKAGE FACTORS Resident Status RESIDENT Age Range K - 30-49 YEARS Access To Firearm NO 2. SUBJECT # 2 - HARRIS, ANDREW C CASE SPECIFIC INFORMATION Sex MALE Race WHITE For 6563 Printed On Apr-19-2016 (Tue.) Page 2 of 12

Date Of Birth AUG-13-1974 Address 2823 34 AV W Apartment 314 Municipality SEATTLE State WASHINGTON ZIP Code 98199 District Q Beat Q1 Grid 8622 Home (206) 931-0736 Business (206) 282-1608 Cellular (206) 602-4274 PERSON PARTICULARS Occupation CLERK Employer 76 GAS STATION 3301 W MCGRAW ST Citizenship UNITED STATES OF AMERICA Height 6'00 Build SLIM Eye Color BLUE Hair Color BLOND OR STRAWBERRY Weight 175 LBS. LINKAGE FACTORS Resident Status RESIDENT Age Range K - 30-49 YEARS Access To Firearm NO Related Business(es) 1. INVOLVED - OTHER # 1 - CENTRAL PROTECTION Address 2332 1 AV Municipality SEATTLE State WASHINGTON ZIP Code 98121 District D Beat D1 Grid 2703 Phone Number (206) 786-5500 Type BUSINESS - OTHER Related Vehicle(s) 1. INVOLVED # 1-567ZKV, WA VIN# 5GRGN23U26H102032 CASE SPECIFIC INFORMATION License Number 567ZKV For 6563 Printed On Apr-19-2016 (Tue.) Page 3 of 12

State Of Issue WASHINGTON VIN 5GRGN23U26H102032 License Type PASSENGER CAR Year Of Issue 2015 Type PASSENGER CAR Make And Model HUMMER Style 4DR AUTOMOBILE Year 2006 Color WHITE MASTER VEHICLE INDEX REFERENCE License Number 567ZKV State Of Issue WASHINGTON License Type PASSENGER CAR Year Of Issue 2015 Towed NO INSURANCE INFORMATION OWNER INFORMATION Owner Type PERSON Owner Role INVOLVED 2. SUSPECT VEHICLE # 2 - AXS3495, WA CASE SPECIFIC INFORMATION License Number AXS3495 State Of Issue WASHINGTON Type PASSENGER CAR Make And Model TOYOTA CELICA Color SILVER/ALUMINUM MASTER VEHICLE INDEX REFERENCE License Number AXS3495 State Of Issue WASHINGTON Towed NO INSURANCE INFORMATION OWNER INFORMATION Owner Type PERSON For 6563 Printed On Apr-19-2016 (Tue.) Page 4 of 12

Owner Role SUSPECT VEHICLE For 6563 Printed On Apr-19-2016 (Tue.) Page 5 of 12

Related Text Page(s) Document NARRATIVE Author 7436 - NORTON, JAMES W_JR Subject NARRATIVE Related Date/Time MAR-02-2016 (WED.) 1249 [TT_VERSION 1.0] [GENERAL OFFENSE INITIAL INVESTIGATION NARRATIVE] 1 BACK-UP OFFICERS(S): (NAMES, SERIAL #'s, AND ROLES IN INCIDENT) [OFC Yahia and OFC Poblocki Screened by SGT Giese ] 2 CHARGES: [ ] CHARGE DESCRIPTION: [Assault ] 3 ARREST SCREENED BY: (SUPERVISOR'S NAME AND SERIAL) [ ] 4 PHOTO(S) TAKEN? [ ] IF SO, [ ]UPLOADED TO DEMS, OR [ ]ICV USED 5 RECORDED STATEMENT(S) TAKEN? [ ] IF SO, [ ]UPLOADED TO DEMS, OR [ ]ICV USED 6 DIGITAL IN-CAR VIDEO(S) UPLOADED? [Y] FLAGGED? [N] IF NO, [ ] RECORDING OFFICER(S): [ ] 7 DNA / FORENSIC EVIDENCE SUBMITTED? [ ] 8 FINGERPRINTS: FINGERPRINTS SEARCH MADE? [ ] FINGERPRINT EVIDENCE OR CARDS SUBMITTED? [ ] ANALYSIS REQUEST SUBMITTED? [ ] COMPARISON REQUEST SUBMITTED? [ ] 9 FELONY ALERT PACKET SUBMITTED? [ ] OFFICER SUBMITTING: [ ] FOLLOW- DESTINATION: [ ] 10 USE OF FORCE REPORT SUBMITTED? [ ] USE OF FORCE SCREENED BY (SUPERVISOR'S NAME AND SERIAL): For 6563 Printed On Apr-19-2016 (Tue.) Page 6 of 12

[ ] 11 LIST ALL HARDCOPY PAPERWORK SUBMITTED: [ ]ARREST REFERRAL TRACKING SHEET (Crisis Solution Center) [ ]CRIMINAL TRESPASS WARNING 5.34.1 [ ]DUI PACKET [ ]DV SUPPLEMENTALS [ ]IDENTITY and MAIL THEFT (Photocopy of Recovered ID or Mail) [ ]INVENTORY SEARCH FORM [ ]MENTAL HEALTH CONTACT REPORT [ ]PARK EXCLUSION [ ]TOW IMPOUND RECORD [ ]VEHICLE REPORT [ ]WRITTEN STATEMENTS (Required on Felony Arr, Juvenile Crime, DV Incident) [ ]OTHER (Describe in Box Below) [ ] 12 VICTIM(S) INJURIES: SFD Responded? [Y] [for Andrew C Harris who was "pepper spayed" ] 13 INCIDENTAL PROPERTY DAMAGE: (DESCRIPTION AND VALUE) [ ] 14 VEHICLE IMPOUNDED? [ ] STORAGE LOCATION: [ ] 15 INITIAL INCIDENT DESCRIPTION / NARRATIVE: [***ICAV Advised and Used*** On March 2, 2016 I was dispatched to a call of a possible assault located at the intersection of 27th Ave W/W Commodore Way. I arrived at the above said location with OFC Yahia and observed subject Andrew C Harris in handcuffs and being treated by Seattle Fire E41 for exposure to pepper spray. Sub/Harris eyes were bloodshot and watery and he appeared to be in pain. I then contacted subject James C Toomey of "Central Protection" who was near his vehicle WA 567ZKV. According to Sub/Toomey he was in the above area "patrolling" when he was flagged down by two unknown people who he believed worked inthe area. The two unknown people explained to Sub/Toomey that there was a person (Sub/Harris) parked in a vehicle (WA AXS3495) and possibly doing narcotics. The two unknown people asked Sub/Toomey if he could do anything about it. Sub/Toomey then drove his vehicle and observed Sub/Harris sleeping in the above vehicle. Sub/Toomey stated he was concerned for Sub/Harris welfare and attempted to wake him up by knocking on the window. As Sub/Harris awoke the two got into a verbal argument and Sub/Toomey then got into his vehicle and drove up the street northbound and called 911 to report the suspicious incident. A few minutes later Sub/Harris drove his vehicle up behind Sub/Toomey and parked. For 6563 Printed On Apr-19-2016 (Tue.) Page 7 of 12

Sub/Harris then exited his vehicle and walked up to Sub/Toomey and attempted to open the driver side door while Sub/Toomey was still in his vehicle. Sub/Toomey exited his vehicle and Sub/Harris attempted to grab Sub/Toomey. Sub/Toomey stated he, "slapped" Sub/Harris arms away. At this point Sub/Harris retreated to his vehicle and Sub/Toomey followed and the two continued verbally arguing. While at Sub/Harris vehicle Sub/Toomey stated that Sub/Harris again tried to grab him. At this point Sub/Toomey used his pepper spray on Sub/Harris striking him in the face. Sub/Toomey then pushed Sub/Harris onto the hood of Sub/Harris vehicle and put him in handcuffs. Sub/Toomey then called 911 to report the incident. OFC Yahia removed the handcuffs from Sub/Harris and we escorted him to the front of my vehicle. I could see Sub/Harris very red face and watery eyes. At first he had a hard time speaking as he was still recovering from the effects of the pepper spray. According to Sub/Harris he was indeed contacted by Sub/Toomey who informed him he was illegally parked (which he wasn't) and that Sub/Toomey has no legal authority to do this. This up Sub/Harris and he got into a verbal argument with Sub/Toomey/ He observed Sub/Toomey move his vehicle and he stated he moved his vehicle in behind Sub/Toomey and parked. As Sub/Harris got out of his vehicle, Sub/Toomey also got out of his vehicle. The two met at Sub/Toomey's vehicle and continued arguing. Sub/Harris got his phone out his phone and attempted to record the incident. Sub/Toomey then slapped the phone out Sub/Harris. The phone hit the ground and broke apart and ended up underneath Sub/Toomey vehicle. Sub/Harris then got down on the ground to try nd retrive the broken pieces of the phone. Sub/Toomey then "pepper sprayed" Sub/Harris in the face. Sub/Harris got to his feet and retreated to his vehicle. Sub/Toomey followed him and continued sparying him. Once both parties made it Sub/Harris vehicle, Sub/Toomey actually dropped his peopper spray canister inside Sub/Harris vehicle. Sub/Harris reached in and gave it back to Sub/Toomey. Sub/Toomey then grabbed Sub/Harris and pushed him onto the hood of Sub/Harris vehicle and put him in handcuffs. During my investigation I asked Sub/Toomey if he was in fear for his safety why did he follow Sub/Harris back to his vehicle when as both subjects have stated that Sub/Harris was clearly retreating. He did not have an answer. OFC Yahia and I observed the broken pieces of the phone underneath Sub/Toomey's vehicle. OFC Yahia actually saw the face part of the phone near the right front tire and the battery directly underneath. I also noticed in the history of the Central Protection vehicle there was a disturbance involving Cnetral Protection employees and Sub/Harris in a seperate incident (15-102742). SFD left the scene and Sub/Harris did not appear to have lasting injuries at this time. SGT Giese arrived at the scene and screened the incident. For 6563 Printed On Apr-19-2016 (Tue.) Page 8 of 12

OFC Poblocki checked nearby buildings and their were no witnesses or video footage of the incident. Sub/Toomey stated that his company does not have recording equipment. I provided a business card to both parties with the case number and my information.] I hereby declare (certify) under penalty of perjury under the laws of the State of Washington that this report is true and correct to the best of my knowledge and belief (RCW 9A.72.085) Electronically signed: NORTON, JAMES W_JR Date: Mar-02-2016 Place: Seattle, WA For 6563 Printed On Apr-19-2016 (Tue.) Page 9 of 12

Related Attachment - DOCUMENT Description STATEMENT OF JAMES TOOMEY Reference Number For 6563 Printed On Apr-19-2016 (Tue.) Page 10 of 12

For 6563 Printed On Apr-19-2016 (Tue.) Page 11 of 12

*** END OF HARDCOPY *** For 6563 Printed On Apr-19-2016 (Tue.) Page 12 of 12